COUNCIL MINUTES OF AVON, OHIO, HELD MONDAY, NOVEMBER 9, 1998

Home (Main Menu)

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF AVON, OHIO, HELD MONDAY, NOVEMBER 9, 1998 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT 6:30 P.M.

The Chairman, Ted Graczyk, called the meeting to order at 6:30 P.M.

PRESENT: Council Members: Council-at-Large - Shaun Brady; 3rd Ward - Shirley Doss; 1st Ward - Niels Jensen; Council-at-Large - Michael McDonough; Council-at-Large - Ted Graczyk; Mayor - James A. Smith; Finance Director - Robert Hamilton; Service Director - Gerald Plas; Acting Law Director - John A. Gasior; Clerk of Council - Patricia Vierkorn LATE: 2nd Ward - David Kaiser; 4th Ward - Jack Kilroy ABSENT: Safety Director - Robert Jackson

EXECUTIVE SESSION

A motion was made by Mr. McDonough and seconded by Mrs. Doss to enter into an Executive Session to discuss legal matters. The vote was: Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 5 to 0 and the motion passed.

Mr. Kaiser and Mr. Kilroy arrived to the meeting during the Executive Session.

RECONVENE

A motion was made by Mr. McDonough and seconded by Mr. Jensen to reconvene to the Regular Meeting of Council. The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the motion passed.

PUBLIC HEARING - 7:20 P.M. - ORDINANCE NO. 186-98 - APPLICATION FOR REZONING PROPERTY AT SOUTHWEST CORNER OF STATE ROUTE 83 AND CHESTER ROAD

The Chairman, Ted Graczyk, called to order the Public Hearing and asked for questions or comments from Council members and/or the audience. Mrs. Doss stated she had a small picture of the layout and asked if the applicants had a larger picture to show Council.

Mr. Jerry Seifert, one of the Currie Hall partners, showed to Council and the audience a drawing of the 7.44 acres being rezoned at State Route 83, Chester Road and I-90. They have a tentative subdivision of five subdivided lots, with a 400-foot road perpendicular to Chester Road with a cul-de-sac. They have commitments from Bob Evans Restaurant, Hawthorne - Extended Stay Facility, a Microtel and are negotiating with others on the remaining two parcels. The Extended Stay Facility would be used by people who are moving into the area, in preparation for a home being built; guests coming in; or people who might have guests visiting them; or businessmen who want to stay for one or more nights. They are negotiating with Convenience Food Store and gasoline sale and have some inquiries for offices on the other lot.

Mr. Gerald Phillips, 35955 Detroit Road, stated ...

Mr. Graczyk stated that this rezoning application was before Planning Commission and they did do a lot of thinking about the proposal. This is an overlay; it is already zoned C-2 and is an overlay to allow for hotels and service station in this area. The reason Planning Commission decided that was the location it needed to be was because of the refusal to rezone property on the corner of Route 83 and 254 in the French Creek District. They felt the place for that type of business was directly adjacent to I-90. The overlay is something that Council has talked about for some time and is a good concept. It allows the best possible use for the city from a piece of property. Mr. Phillips raised a lot of good issues but he did not think they apply in this particular case.

Mr. Phillips stated he thinks it is a very complicated decision Council has to face in light of all these other factors. He is not for or against it but, if he were on Council, his deliberation and consideration would be very thorough in light of these other factors. Mr. Kilroy asked if Mr. Phillips was representing a client with his appearance tonight and Mr. Phillips replied he was here as an individual.

Mr. Kilroy questioned the developer particularly regarding the extended stay motel. He asked if that is something that would be appropriate for out of town relatives that you don't want to stay in your house. His second question was how soon can it be built. Mr. Seifert replied that would be an excellent mother-in-law facility and there are a lot of relative uses, no question about it.

With no further comments or questions, the chair declared the Public Hearing closed at 7:41 P.M.

Mr. McDonough left the meeting briefly at this time.

MINUTES OF THE REGULAR MEETING OF COUNCIL - MONDAY, OCTOBER 26, 1998

A motion was made by Mrs. Doss and seconded by Mr. Jensen to dispense with the reading of the minutes of the Regular Meting of Avon City Council held Monday, October 26, 1998 and to approve said minutes as published. The vote was: Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 and the motion passed.

MINUTES OF THE PUBLIC HEARING - MONDAY, NOVEMBER 2, 1998

A motion was made by Mrs. Doss and seconded by Mr. Jensen to dispense with the reading of the minutes of the Public Hearing of Avon City Council held Monday, November 2, 1998 and to approve said minutes as published. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 and the motion passed.

CORRESPONDENCE

Mayor Smith reported receiving the following correspondence: 1) The Ohio Department of Taxation Report for the Fiscal Year Ending June 30, 1998 which is available in his office.

2) Letter from CEI concerning moving of the pole at S.R. 611 and 254 which he had mentioned to the Council President. It seems the written version of the cost estimate of $31,846 is somewhat different than the verbal quote of approximately $20,000. Mayor Smith added that he had talked with Mr. Graczyk about a couple of payment options. It could be discussed further at the next Work Session about what procedures Council would like to go through. 3) First annual report of expenditures for the Avon Library. 4) Will be touring Skill Tool & Die Company on Tuesday, November 10 with Mrs. Doss. There are other dates available for Council members to tour the facility.

Clerk of Council's correspondence:

1) Letter dated November 9 from Joe Schafer regarding acceptance of improvements in Avon Reserve, Summerhill Subdivision Phase 3. This letter was distributed to Council.

2) FAX received on November 9 from Mitchell Schneider concerning Ordinance No. 91-98 which was also distributed to Council.

3) Also on November 9 received from the Lorain Public Library System the first annual report of expenditures from the 1.2 mill operating levy for the Avon Library. Copies of this report will be included in the next packet.

ADDITIONS AND DELETIONS TO THE AGENDA

Mr. Graczyk stated that the Law Director had sent a letter to Council encouraging the removal of Resolution No. R-55-98 from the agenda in order to have further discussion on it. A motion was made by Mr. McDonough and seconded by Mrs. Doss to delete Item #18, Resolution No. R-55-98, from the agenda. The vote was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mr. Jensen to accept the agenda as amended. The vote was: Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

RESOLUTION NO. R-56-98 - OPPOSING HOUSE BILL 803

The Clerk read Resolution No. R-56-98 by title only, entitled:

A RESOLUTION OF THE CITY OF AVON, BY AND THROUGH ITS COUNCIL, TO EXPRESS ITS STRONG OPPOSITION TO PASSAGE OF HOUSE BILL 803 CURRENTLY PENDING BEFORE THE OHIO LEGISLATURE AND DECLARING AN EMERGENCY

A motion was made by Mr. Jensen and seconded by Mr. McDonough to suspend the rules and act on Resolution No. R-56-98. The vote was: Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Resolution No. R-56-98.

Discussion: Mr. Bender stated he had promised to talk with Mr. E. J. Thomas, the Representa-tive from the Columbus area about House Bill 803. He had noticed that Council is passing a Resolution against it. He noted that Blue Ash, Ohio had already passed such resolution and is sending copies to all of them. Avon Council may want to do the same and go beyond him and Senator Zaleski. Representative Thomas wanted him to reassure Avon Council that it has been assigned to the House Ways and Means Committee and will probably have at least one hearing before the end of the year. He does not imagine that it will pass this year; however, he will re-introduce the bill next year. He is already thinking about an amendment which would permit the voters to vote on whether or not they want to forego the reciprocity. He cited an interesting statistic, namely 70% of the cities in Ohio do grant full reciprocity; 19% grant partial reciprocity and Elyria grants the full reciprocity. He reassured Council that he did not think it will affect Avon too much. He does know from a bill that was in the House Economic Development Small Business Committee last that passed somewhat easily about revising forms and trying to cut down the amount of paper work for businesses in the State of Ohio, at least in terms of the forms required by government. That bill passed readily and he did not see things like that going away.

Mr. Bender requested a copy of the resolution be sent to him and he will forward the names and addresses of all the newly elected representatives so that copies can be forwarded to them. He gave a clean copy of House Bill 803 for the record.

Mr. Graczyk commented that the only question raised last week was about the one section that requires communities to provide 100% tax credit for residents who work in another city. He feels that is a fair way to treat people. For example, if you work in the City of Cleveland and live in the City of Westlake, you would pay 2% tax in Cleveland. Then Westlake gives a 1/4% credit on a 1-1/2% tax, so they pay 3.25% total, which is typical of some of the surrounding areas. That was one concern and the Finance Director said that this may be creating more of a problem for Avon. The letter from RITA seemed like RITA was defending themselves. Of course, if there is no regional income tax, there's no need for RITA. The question was why Avon ended up with more information on the bill which we never saw or heard anything about. That was the major concern, whether or not it was some relief for some of the people who were paying in the city where they worked, as well as the city where they live. In the City of Avon there is no income tax, there's only tax here for the people who work here. Nobody that lives in Avon and works outside of Avon pays Avon City tax at all.

Mr. Bender commented that there is no need for reciprocity here. Mayor Smith replied Avon already gives 100% tax credit. Mr. Bender then stated he will keep the city posted on this. Mayor Smith asked if this could end up being part of a rider and Mr. Bender replied that is not his impression right now. If it does become a rider to another bill, he will get up and speak vociferously against it, based upon the fact that Avon Council is responding in this way. He takes Representative Thomas at his word and thinks he is a reputable person. He seemed to think this was to get discussion going and then seriously consider it starting the new session in January.

Mr. Brady asked if Council was premature in passing this Resolution. Should Council pick out parts we like and send something independently. Mr. Bender suggested that Council pass the resolution and that Municipal League had given a model resolution and which he had compared with the one sent by Blue Ash. He suggested Council proceed with it. The model did not have to be followed per se, but certainly recommended passing some sort of resolution now and getting on the record, just in case there is any mischief. Mr. Graczyk stated he did not favor passing anything but the model. The model is a good resolution, but obviously this Council will watch this very carefully because it affects a lot of taxpayers. This is a big city issue more than a small city issue and affects cities like Cleveland.

Mayor Smith stated there will be some cities losing a substantial amount of money because they tax their own workers. They have workers that travel to other communities and realize there is going to be a substantial tax loss to some of those communities. That's not the case in Avon. He asked if that has been thought out. Mr. Bender replied that is the reason for committee hearings, to hear those people come in and talk against it. He recalled when he served on Elyria City Council where they often talked about the reciprocity being granted to people working elsewhere. Every once in awhile the auditor reminded them that they could remove that reciprocity as a way to gain additional income for the city. So there will be some people who will look at their own income in terms of their needs for their city by doing away with reciprocity. Part of the resolution council is considering was the fact that we are impinging on the Charter cities. The House should be very careful not to mess with the autonomy of Charter cities.

The vote to adopt Resolution No. R-56-98 was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 91-98 - SUBDIVIDER'S AGREEMENT FOR AVON COMMONS

The Clerk read Ordinance No. 91-98 for the third of three readings by title only, entitled:

AN ORDINANCE TO AUTHORIZE A SUBDIVIDER'S AGREEMENT FOR AVON COMMONS SUBDIVISION

Discussion: Mr. Graczyk stated that today Council members received a FAX letter from First Interstate requesting that Council not untable this Ordinance because they are going to ask for a recount on the election results. Secondly this is a court case which has been appealed to the Sixth District Court of Appeals for a ruling on Judge Janas' opinion. When this Ordinance was tabled, Mr. Graczyk said he would bring it back the Monday following the vote of the people of the City of Avon. He certainly thinks it is time Council voted on it and asked for comments.

Mr. Brady commented that if Council votes to untable this Ordinance, obviously it would have to be voted down. If Judge Janas' decision is overturned by the Court of Appeals, would the planning process have to start from the very beginning again. Would Mr. Schneider have to start with Planning Commission and go through all that. Mr. Graczyk replied he had talked with the Law Director right after the election. The answer was that they would have to start all over but it would be accelerated since they have already done a lot of the things that need to be done. It was upheld once already and could not say if it will be overturned or not.

Mr. Brady stated his concern was that, if for some reason, Council were to untable this ordinance and vote it down this evening, and then the decision gets overturned, what would the developer be able to do. He has made several concessions throughout the planning process and would he be more inclined not to make those concessions again given the fact that the Judge said he is free to go with the zoning. Would he go back to having 900,000 sq. ft. of shopping and not have to do all the off site improvements and would he eliminate the out lots on Detroit Road. Would he do the additional green spaces he is already committed to do. And would the city be running the risk of First Interstate possibly selling this development to some third party that would not be as prone to cooperate with the city as Mr. Schneider has done.

Mr. Graczyk replied he had no answers at all other than to say that if he had to go back to Planning Commission, Planning is a tough place to negotiate. It has been negotiated, they have ground rules already and would negotiate it a second time. He did not see Planning Commission giving an inch on something they already have if they went back. The tool they have is it can be expedited going back through because everything has been done already. He has no idea whether or not the Appeals Court would uphold it.

Mr. Brady pointed out that it is easy to negotiate when you have something to negotiate with. But if a developer is given a green light from a judge, it would go through Planning Commission a lot easier. Mr. Graczyk replied he suspected the city would be back in court the day after that because the people voted it down. Mr. Brady stated he could not see certain concerned citizens of the community allowing it to go through the process any quicker than it did the first time. He is not sure what it will accomplish by voting it down. It is his opinion that, if that is the proper zoning for that project, then he thinks the project in front of Council is excellent and I did not know that we would be able to get a better project. He also thinks we would have a better chance of holding the developers to that project if it was on the table and we were able to pull it off the table unamended than if it were voted down and started all over. Those are his concerns.

Mr. Kilroy stated he fails to see what the city has to gain by taking this off the table at this time. He would concur with Mr. Brady that Mr. Schneider has acted honorably at all times during the proceedings with the city, at all stages, at all levels. Whether Council likes the project or not, the man has been honorable in his dealings. The election took place last Tuesday but it has not yet been certified, so it is not official yet. There is probably going to be a recount and the court case has not yet run its course. So it would not do Council any harm at all to grant the request to leave it on the table.

Mr. Richard Carlisle, 3362 Maynard Road, Shaker Heights, representing Interstate Development Company stated he would like to echo some of the sentiments that have been mentioned here on this issue. He agreed with Mr. Phillips mention earlier to take a wait and see attitude on this issue. First Interstate does not see what it benefits the city or what anyone else in this would reap by making this decision at this point when the results of the election and the results of the appeal to the Ninth District Court have not been rendered. First Interstate respectfully requested that it remain on the table and, at such time when those two issues are behind us, Council can then act.

Mr. McDonough asked what harm would it be to leave it on the table. Mr. Graczyk replied the way he looks at this is pretty simple. That is, if it had passed, the other side would be up here asking us to not adopt it until there was a recount and they would be filing a suit and to go to the District Court of Appeals. He did not see what good it would be to leave it here. We have let it sit as long as we said we were going to; we've said that when the people voted on it whatever way they went, whether it was one vote over or one vote under 50%, we would abide by what they want. He feels Council has spent enough time on it and it has been tabled for a long enough period of time. If the vote had gone the other way Council would be listening to the other group telling us the same thing and there probably wouldn't be as much sympathy for that group as there is for this group. He agreed that Mr. Schneider has been pretty forthright in what he has done, what he said, his actions, he just feels it is time to get it over and done with.

Mr. McDonough asked if it would hurt to hold it over until one more Council meeting. Mr. Graczyk replied he did not know how long it would take for the District Court of Appeals decision; it could be six weeks, six months, six hours, or six years. He asked if anybody had heard of a recount by the Board of Elections for a vote missed by 60 votes.

Mr. Brady stated the point Mr. McDonough is making is that Council does have to tread lightly with these issues. Unless it serves a useful purpose to the City of Avon to untable this and shoot it down, he did not see any reason to do that. Mr. Jensen stated he would not have any problem waiting for the official count from the Board of Elections, but did not think Council needs to hear from the Court because that could take a long time. The people of Avon have spoken, so he wholeheartedly agreed with Mr. Graczyk. The sooner Council hears the official count, he did not think it will make any difference. He thinks Council should vote on it in the next Council meeting.

Mr. Graczyk requested a motion to untable Ordinance No. 91-98. With no motion, the chairman moved Ordinance No. 91-98 to the next regular meeting of Council.

ORDINANCE NO. 120-98 - OFF STREET PARKING

The Clerk read Ordinance No. 120-98 by title only, entitled:

AN ORDINANCE AMENDING SECTION 1292.06 OF THE CODIFIED ORDINANCES RELATING TO OFF-STREET PARKING AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mr. Jensen to suspend the rules and act on Ordinance No. 120-98. The vote was: Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adopt Ordinance No. 120-98. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 121-98 - MINIMUM STANDARDS FOR PRIVATE DRIVEWAYS

The Clerk read Ordinance No. 121-98 by title only, entitled:

AN ORDINANCE ESTABLISHING MINIMUM STANDARDS FOR PRIVATE DRIVEWAYS IN RESIDENTIAL DISTRICTS AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mr. Jensen to suspend the rules and act on Ordinance No. 121-98. The vote was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "nay"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "nay". The Chairman declared the motion defeated and declared this to be the first of three readings of Ordinance No. 121-98 and instructed the Clerk to list it on the agenda of the next Work Session.

ORDINANCE NO. 192-98 - TO PURCHASE THREE POLICE CRUISERS

The Clerk read Ordinance No. 192-98 by title only, entitled:

AN ORDINANCE AUTHORIZING THE PURCHASE OF THREE (3) POLICE CRUISERS VIA THE STATE OF OHIO COOPERATIVE PURCHASING PROGRAM AND DECLARING AN EMERGENCY

A motion was made by Mrs. Doss and seconded by Mr. McDonough to suspend the rules and act on Ordinance No. 192-98. The vote was: Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adopt Ordinance No. 192-98.

Discussion: Mr. McDonough asked if these cars are the same design and equipment and Chief Vilagi replied that two will be fully marked cars; one will be a low profile. Mr. McDonough asked if the design is the same as the present cars and Chief Vilagi replied that is correct.

The vote to adopt Ordinance No. 192-98 was: Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 193-98 - ADDENDUM TO COMPREHENSIVE HEALTH CARE AGREEMENT

The Clerk read Ordinance No. 193-98 by title only, entitled:

AN ORDINANCE AUTHORIZING AN ADDENDUM TO SUBDIVIDER'S AGREEMENT WITH COMPREHENSIVE HEALTH CARE OF OHIO, INC. HEREIN REFERRED TO AS SUBDIVIDER IN THE CITY OF AVON RELATING TO SIGNAGE AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 193-98. The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Ordinance No. 193-98. The vote was: Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 195-98 - TO AUTHORIZE PURCHASE OF TWO FORD PICKUP TRUCKS FOR BUILDING DEPARTMENT

The Clerk read Ordinance No. 195-98 by title only, entitled:

AN ORDINANCE AUTHORIZING THE PURCHASE OF TWO (2) F-150 FORD PICKUP TRUCKS AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 195-98. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Ordinance No. 195-98. The vote was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 197-98 - TO ACCEPT IMPROVEMENTS TO SANITARY SEWER ON JAYCOX ROAD

The Clerk read Ordinance No. 197-98 by title only, entitled:

AN ORDINANCE ACCEPTING IMPROVEMENTS OF THE INSTALLATION OF A FORTY-EIGHT (48") INCH STORM SEWER AND TEN (10") INCH SANITARY SEWER ON JAYCOX ROAD FROM CHESTER ROAD NORTH TO THE CITY LIMITS INSTALLED PURSUANT TO DEVELOPER'S AGREEMENT BY KOPF CONSTRUCTION CORP. (DEVELOPER) AND ACCEPTANCE AND APPROVAL OF PLAT OF RIGHT-OF-WAY AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 197-98. The vote was: Mr. Brady, "abstain"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

A motion was made by Mrs. Doss and seconded by Mr. McDonough to adopt Ordinance No. 197-98. The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "abstain"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

ORDINANCE NO. 198-98 - TO ACCEPT IMPROVEMENTS IN AVON RESERVE PHASE 3 (RESERVE WAY)

The Clerk read Ordinance No. 198-98 by title only, entitled:

AN ORDINANCE TO ACCEPT THE IMPROVEMENTS IN AVON RESERVE AT SUMMERHILL SUBDIVISION NO. 3/RESERVE WAY, AS SHOWN ON THE PLAT OF SAID SUBDIVISION, AND AS REQUIRED BY THE CITY SUBDIVISION REGULATIONS, AND DECLARING AN EMERGENCY

A motion was made by Mrs. Doss and seconded by Mr. McDonough to suspend the rules and act on Ordinance No. 198-98. The vote was: Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "abstain"; Mrs. Doss, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

A motion was made by Mrs. Doss and seconded by Mr. McDonough to adopt Ordinance No. 198-98. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "abstain"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

ORDINANCE NO. 199-98 - TO ACCEPT BID FOR EATON DRIVE DRAINAGE PROJECT

The Clerk read Ordinance No. 199-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR THE CDBG NORTHGATE DRAINAGE PROGRAM AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 199-98. The vote was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adopt Ordinance No. 199-98.

Discussion: Mr. Jensen asked about the $20,000 difference between the lowest bid of $19,431 and the highest bid of $39,474. Mayor Smith stated this is a new company starting out and the four people who own the company are very experienced and want to get their name out by getting some bids. He feels confident that they will be able to perform the work as we have it designed and did not see any problems with it at all.

The vote to adopt Ordinance No. 199-98 was: Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Graczyk, "aye". The Chairman declared the motion passed.

ORDINANCE NO. 201-98 - TO AUTHORIZE LEGAL EXPENSES PERTAINING TO XERXES PERMIT

The Clerk read Ordinance No. 201-98 by title only, entitled:

AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS FOR LEGAL SERVICES TO APPEAL EPA DECISION GRANTING PERMIT TO XERXES AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 201-98. The vote was: Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mrs. Doss and seconded by Mr. McDonough to adopt Ordinance No. 201-98.

Discussion: Mr. McDonough asked about North Ridgeville's involvement and if it should be included in this Ordinance or if it is a side agreement. Mr. Graczyk replied this is not to exceed $5,000 for legal services to file the appeal. North Ridgeville has it on their agenda for tomorrow night to agree to pay $2,500. Avon's Ordinance is not to exceed the $5,000 and we have been told North Ridgeville will pay half of this fee.

Mr. Kilroy stated he believes that Xerxes is the single biggest threat to the health and well being of Avon residents, especially those in Ward 4. He thinks it is quite an appropriate expenditure to vigorously oppose Xerxes' increasing styrene released into the air and urged passage of this tonight.

The vote to adopt Ordinance No. 201-98 was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 200-98 - APPLICATION FOR REZONING PROPERTY AT NORTH-EAST CORNER OF CHESTER AND JAYCOX (Marlin Manufacturing)

The Clerk read Ordinance No. 200-98 for the first of three readings by title only, entitled:

AN ORDINANCE TO AMEND ORDINANCE NO. 413-68, PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING A PORTION OF A PARCEL OF LAND LOCATED NORTH OF CHESTER ROAD AND EAST OF JAYCOX ROAD IN THE CITY OF AVON AND CONSISTING OF 12.3 ACRES FROM M-3 DISTRICT TO M-1 DISTRICT AND 4.9 ACRES FROM M-3 DISTRICT TO M-2 DISTRICT

The Chairman declared this to be the first of three readings of Ordinance No. 200-98 and scheduled a Public Hearing for Monday, December 7, 1998 at 7:15 P.M.

ORDINANCE NO. 189-98 - APPLICATION FOR REZONING PROPERTY ON RIDGE-LAND DRIVE (Vasu)

The Clerk read Ordinance No. 189-98 for the second of three readings by title only, entitled:

AN ORDINANCE TO AMEND ORDINANCE NO. 413-68, PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING PARCELS OF LAND LOCATED AT 2400 RIDGELAND DRIVE, 2390 RIDGELAND DRIVE AND 2350 RIDGELAND DRIVE FROM R-2 DISTRICT TO C-2 DISTRICT KNOWN AS PERMANENT PARCEL NOS. 10-04-00-010-111-076, 083 AND 089

The Chairman declared this to be the second of three readings of Ordinance No. 189-98 with a Public Hearing scheduled for Monday, November 23, 1998 at 7:15 P.M.

ORDINANCE NO. 194-98 - TAX ABATEMENT FOR SKILL TOOL & DIE CORP.

The Clerk read Ordinance No. 194-98 for the second of three readings by title only, entitled:

AN ORDINANCE CONSENTING TO AN ENTERPRISE ZONE TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF AVON, THE BOARD OF LORAIN COUNTY COMMISSIONERS AND SKILL TOOL & DIE CORPORATION, AN OHIO CORPORATION, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF AVON TO EXECUTE AN ENTERPRISE ZONE AGREEMENT WITH SKILL TOOL & DIE CORPORATION, AND AUTHORIZING AND DIRECTING THE CLERK OF COUNCL TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE ALONG WITH THE ENTERPRISE ZONE AGREEMENT TO THE BOARD OF LORAIN COUNTY COMMISSIONERS FOR FURTHER CONSIDERATION BY THE BOARD AND DECLARING AN EMERGENCY

The Chairman declared this to be the second of three readings of Ordinance No. 194-98 with the third reading on November 23, 1998.

ORDINANCE NO. 186-98 - APPLICATION FOR REZONING PROPERTY AT SOUTH-WEST CORNER OF STATE ROUTE 83 AND CHESTER ROAD

The Clerk read Ordinance No. 186-98 for the third of three readings by title only, entitled:

AN ORDINANCE TO AMEND ORDINANCE NO. 413-68, PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING A PARCEL OF LAND CONSISTING OF 7.44 ACRES LOCATED ON THE SOUTHWEST CORNER OF CHESTER ROAD AND STATE ROUTE 83 AT I-90 FROM C-2 DISTRICT TO C-2/C-4 DISTRICT KNOWN AS PERMANENT PARCEL NO. 04-00-016-103-045

A motion was made by Mrs. Doss and seconded by Mr. McDonough to adopt Ordinance No. 186-98. The vote was: Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Graczyk, "aye". The Chairman declared the motion passed.

REFERRAL TO PLANNING COMMISSION

Per Article VII, Section 2, Planning Commission (d) Mandatory Referral of the Charter, Avon City Council referred to Avon Planning Commission Ordinance No. 196-98 - Amending C.O. 1278.05 Area and Density Requirements in C-4 Motorist Service District. A motion was made by Mrs. Doss and seconded by Mr. McDonough to refer Ordinance No. 196-98 to Planning Commission. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

APPROVAL OF EATON STORM SEWER CDBG PROJECT

A motion was made by Mr. McDonough and seconded by Mrs. Doss to approve the recommendation of Planning Commission concerning the Eaton Storm Sewer CDBG Project. The vote was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

REPORTS AND COMMENTS

Mayor Smith:

1) Thanked the citizens for their overwhelming support of the street levy. He is sure Mr. Biro and Mr. Plas will get the road projects laid out for next year and hopes to do as many roads as possible.

2) Encouraged Council members to take a look at the fine job done by the Police Department on their police facility and the excellent use of the money given the Chief and Safety Director.

3) Recognized the citizens of Avon for the great turnout on November 3 and mentioned that Avon's turnout is always in the upper percentile of all the cities in Lorain County. Our city is always number one or close to number one for turnout on Election Day.

Mr. Graczyk instructed the Clerk to include the following on the agenda for the next Work Session.

1) The ordinance on the political signs should reviewed. There were signs on city property in the right of way, larger than allowed and the Safety Director notified the offenders that they had 14 days to take them down.

2) The letter from David Mast, Chairman of the Charter Review Commission, along with the final report from the Charter Review Commission is to be reviewed.

3) Discussion concerning Resolution No. R-55-98.

4) One more discussion on Skill Tool & Die before the final vote on the tax abatement.

Mr. Brady:

1) Reported on the Utilities Committee meeting and circulated the minutes to the Mayor and Council. The issue the committee felt we should discuss further is the Kinzel Road project. Replacing the water line has been deemed priority by Mr. Plas, Mr. Conrad and the Utilities Committee. The committee also felt if we were going to go through the trouble of doing that, we know we have to get sidewalks installed on that street. We also wanted to consider sanitary and storm sewers, or any of the necessary sewer repairs that would go along with these projects. Basically we may want to put the whole project on the Work Session or would the chairman rather that go into another committee. Mr. Brady suggested the project be discussed by Council as a Whole or possibly Sewers and Drains Committee regarding the assessment for installing sanitary sewer on that road and getting the entire project wrapped up all at once. Obviously, the city will have to pay for the water line and any damage done to to the storm sewers and assess for the sidewalks and sanitary sewers. Mr. Graczyk replied it could be hashed out at the next Work Session. There are a lot of issues inside that one statement and Council needs to look at it all. He drives that road every day and knows that every six weeks they're digging up the road for repairs to the water line.

3) The committee urged the Mayor and the Service Director to have all their projects in order so we can look at them as a group of Council and lay them out and prioritize which ones we feel should take priority over the others and start budgeting for them and have a plan of attack for next year.

4) Requested the Mayor and Safety Director start looking into the costs that will be associated with converting our part-time fire department over to full-time fire department and possibly coming up with a long range plan to accomplish this and the necessary dollars. This is very preliminary, but is something we need to be pro-active in. We may want to put it in the Safety Committee and the Mayor could get some temporary numbers. Mayor Smith stated we could get some comparative cost numbers from other communities that are somewhere in the same league. But a lot of those costs will not be up to date because the building and everything else has to be changed over and reminded Council the city will be looking at over a million dollars a year just for operations. Mr. Brady commented it is inevitable that sooner or later the city will end up at that point and did not want it to sneak up on us and act like it's a big surprise. He did not know if it's necessary to put it on the next Work Session and Mayor Smith replied it will need a little more than 7 days. Mr. Graczyk mentioned to Mr. Hamilton that his predecessor looked at that one time and suggested Mr. Hamilton look up the numbers.

Mrs. Doss thanked the Mayor, Service Director and Streets Superintendent for the fine job of advertising or campaigning for Issue 13, Road Levy. The residents responded very well in the passage of this levy. These three gentlemen need to be congratulated on their efforts.

Mr. McDonough scheduled a meeting of Finance Committee on Thursday, December 3 at 7:00 P.M. to discuss building fees with the Building Inspector.

Mr. Jensen:

1) Thanked everybody who supported the road levy, in particular Mayor Smith for his weekly articles in the local newspapers.

2) Realized that there are a lot more people voting in Avon than other cities. But, unless everyone voted, that's not enough. He would like to see everybody exercise that privilege. He was born in a different country and realizes even more than some of the people born in this country how important it is to vote. Several items in the elections won by one vote, five of which items were very important. Some people say their vote does not count anyhow but it does count and means a lot.

Mr. Kilroy:

1) Added his congratulations on the road levy and thinks it's a reflection on the job being done by Jerry Plas and Bill Biro and their department. The voters have confidence in them and know they won't let the voters down.

2) Scheduled a meeting of Rules and Regulations Committee for Wednesday, December 10 at 7:00 P.M. to consider the Bed and Entertainment Tax and to clean up some of the long pending items that have been assigned to that committee in previous years.

Mr. Hamilton stated they are putting together the 1999 budget and plan to have that to the Finance Committee prior to Thanksgiving Day. It's important that he be informed as to some of the projects and costs scheduled for 1999, particularly when it comes to legal matters. Xerxes is no exception. Council passed an ordinance not to exceed $5,000, but if there is to be a contingency amount greater than that he should be aware of it. He needs to be able to budget for those kinds of things.

AUDIENCE:

Gerald Phillips, 35955 Detroit, has some questions concerning the extent the city plans to pursue the Xerxes appeal because he knows that $5,000 doesn't go very far in connection with legal costs, expenses and appeal before the Environmental Review Appeals Commission. It gets into a lot of evidentiary situations and could become quite expensive. He questioned if the City of North Ridgeville would become a party to appealing or just contributing to the cost. Mayor Smith replied this cost is for the initial step and then we'll see what other steps have to be taken. North Ridgeville will probably be passing a resolution tomorrow to join with us in this step. Then we will have to evaluate and talk with the experts and the people to go through a process and see what is the next step to take.

Mr. Kilroy addressed the Chairman and Mayor by stating he did not think it is appropriate to delve into details of our strategy because that was the reason for the Executive Session. What was said was okay, but did not think we should get very much into it.

Mr. Phillips asked if the city is going to pursue it. Mr. Hamilton indicated that he had read in the newspaper about the cost going to $75,000 - $100,000 and whether or not as the cost becomes that prohibitive that the city would reconsider its position and not pursue it to the fullest extent.

PAY THE BILLS

A motion was made by Mr. McDonough and seconded by Mr. Jensen to pay the bills. The vote was: Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

TOTAL WARRANTS $689,484.45 - #23980 through # 24184

I hereby certify that there is money appropriated from the several funds of the City of Avon, Ohio, to pay the above listed bills and that the Avon Civil Service Commission has approved the release of the warrants pertaining to remuneration of the employees coming under the jurisdiction of the Avon Civil Service Commission. /s/ Robert F. Hamilton, Finance Director

ADJOURN

A motion was made by Mrs. Doss and seconded by Mr. Jensen to adjourn the Regular Meeting of Council. The vote was: Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the motion passed and adjourned the meeting.

PASSED: ___________________ SIGNED BY: ___________________________

Ted Graczyk, Council President

ATTEST:

_______________________________

Patricia A. Vierkorn, Clerk of Council

Archive of City of Avon documents

Home

Back to the top